New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-05-16
THE EVERESTS CONVICTED.
FOUR JURYMEN FIRST FOR AcQUITTAL
ONE TAILOR, TEN FARMERS AND ONE LOCOMOTIVE
FfRsMAN DECIDE THE CAsE-MR. MATTHEWS
pEcLARINa THAT He WILL PRESS HIS CIVIL
SUIT
IBY TELEGRAPH TO THE TRIBUNE. !

|
| lBY TELEGRAPH TO THs TRIBUNE
BUrFALo May 15-The trial OF Charles NJ. ana
Hiram b. Everest the charge of conspiracy to nure
trade ana commerce. has resulted In yerdioB Of guilty
| lms IN q surprise to the oil mon interested.
The jury went out Mt @ o'clock and soon
after supper took ballot which resulted in eight.
votes Tor conviction and four for acqulttal The ey
denoe was discussed and the four believers In the nno
conoe OF the Messrs Everest gradually dwinded in
Dor until at 40 to-day all ready to say that
tho defendants were guilty. The court convened at 10
a. m. and the room was crowded when Judge Haight
took his seat on the bench
majority OF the spectators expected that there would
DC an ac1tal and several bets made IN the corr
dors OF the City Hall to that effect Among the court
oncals however, the impression prevailed that convc
on was tho finding In response TO the usual question
oy Clerk Avery Foreman Mason said that the jury had
found both defendants guilty of the crime charged In the
Indictment Surprise depicted the faces Of the
spectators and Judge Haigh looked If he had
peced different result When United States District
Attorney Lockwood had recovered from his astonsh-
ment he asked that the jury be poed and each
swered to the clerk that the defendants guilty. The
Messrs Everest seemed stunned by the result for it
wholly unexpected TO them.
Tomorrow morning it is expected formal motion will
be made to set aside the verdict the ground that 1t
was not warranted by the evidence that 1t was con-
trary 10 the Judges charge 1t Is likely that the motion
VIII be denied because of the questions involved
so delicate that they could better be passed upon by
the General Term There have been only four conspiracy
trials under this act IL is stated and of the points
raised are and interesting. One of the points Is
whether or not the conspiracy charge a continuing
offence and not whether the acts charged barred
by the statute OF limitation. Another Is whether
civil suit for SANDER would have been proper of
redress for the Buffalo Company. Still another is
whether or not an injury to the general public must be
shown in order to sustain the conviction in where
nd IA I'm iyed. nd tha de-
fence will argue that any trouble between the Vacuum
and Buffalo OIL companies is matter which should be
fought out in the civil courts.
Opinions differ widely to the usness OF the verdict
of guilty. Dsnterested people did not expect It, and
business men have been disposed 10 look upon II as
business controversy between rival corporations. Al
though Judge IIaght ruled that the Standard Oil Com
pany not involved in this particular case, many
people have considered that the result would involve
approval condemnation OF the methods OF that cor
poration Those who opposed to the Standard TO
monopoes In general were anxious to see the Eyerests
convicted general principles, and they ubant at
the result. The jury composed Of only
one city man, German tailor, and eleven cOuntrymen,
Of whom ten were farmers and the other locomotive
fireman. Eight OF them had made up their minds for
conviction on the first ballot.
The Standard men claim that they unnecessarily
dragged into the In order prejudice the jury
against the Eyerests They also charge that the Grand
jury which found the indictment only voted TO indict
the two Eyercsts and that the names Of three New
Workers added cO-conspiratOrs after
thought This is denied by the prosecuting officers OF
the county Judge Brndage Of counsel for the defence
when asked to day about the prospective litigation,
replied:
there any way % punish these people It will be dOne
ol the testimony oi this Trial
John d. Archbold of the Standard OIL Trust Company
this evening, before starting for NewYork said that he
was surprised lnd gnant the verdict lie said;
tI.
like exhibition prejudice agausa successful corporation
& Or 10 Eeio%s 70 any But Appellate Court
likely TO sustain sueh verdict these people have dragged
w ina they All the hghl thsy Many
iuey realized the has done and hear Tho
people things in different light Miller
10 Less aade ihe eve of ali thfonrh the trial AS
understand the matter he was drunk the day The safety
Matthews walled until the OF limitation neary
eyonei before ho endeayoe TO make overt act OF the
accident Matthews VAS contiadicted on many material
Ine elder Mr. everest been In poor health and his
phy scian says he s suffering from u complication Of dis
which may result fatally at any time. But for his
condition he would have been placed on the witness
staim Charles Everest said:
The prosecution much OF the testimony OF Lawyer
1rueSae wnen the fact Is that we we're the hrst to insist
once which tho proceedings 10 rest Now
any one berye what he wore Mas rue that we would
just nothing Uy Us except what thousands
Smpos %sn ana We Hrcs Sn That wa. all ought
10 be COnsiueied
Dlstriot-Attorney Quinley thinks that he has won
splendid victory. lie said:
any other rcsu could be obtained from the
the Tor the defence
tlled little the Tor the defence.
Many OF them tho creatures OF the Standard OH COM
pany.
Charles b. Matthews, the president OF the Buffalo Lub-
ricating oil Company, who has shown himself to be an
indomIable lighter is highly elated over the
victory by the prosecution. To-day lie said that the
Standard OH Company could never scare him by any
threats that he mperyious TO abuse such as Was
keaped upon him. He intends 10 push his S1oO0OO civil
damage against the persons, and expects to
win that, too. Said he:
fight TO stay and tho tactics used In the case
Will ial again. The effort TO make me appear
sgnaly and lee proud OF my viniloatOn
hepeaers from California and elseWhcre W
inpesch
GREATLY SURPRISED AT THE VERDICT.